AMENDMENTS 


PROPOSED  TO  THE 


OF  THE 


CITY  OF  NEW  YORK. 


LIBRARY 
OF  THE 

UNIVERSITY  OF  IEMNQK 
NEW  YORK: 

E . B . TRIPP,  PRINTER  ANI)  STATIONER, 
105  Fulton  Street, 

1873. 


REMOTE  STORAGE 


35  £.074- *7/ 
NHIc. 

I <6  73f 


600KSTACKS  OFFICE 

TO  THE  PUBLIC. 


\ 

oO^< 


The  Republican  Central  Committee  ot  the  City  of  New  York,  early 
in  November,  appointed  a Committee  to  prepare  such  drafts  oflaws 
relating  to  the  city  as  it  seemed  desirable  should  be  presented  to  the 
Legislature.  The  Committee  was  composed  of  Hugh  Gardner, 
George  Opdyke,  James  W.  Farr,  Thomas  Murphy,  John  J.  Town- 
send, Abraham  Lent,  William  Laimbeer,  and  George  Bliss,  Jr.  Af- 
ter devoting  a good  deal  of  time  to  the  matter,  we  perfected  a dralt 
of  amendments  to  the  city  charter,  which  seemed  to  us  proper. 
Anxious  to  have  the  benefit  of  suggestions  from  all  quarters,  we 
consulted  successively  with  many  prominent  Republicans,  and  with 
the  Republican  members  of  the  Senate  and  Assembly  from  the  city. 
We  also  had  an  informal  conference  with  Jackson  S.  Schultz,  Dor- 
man B.  Eaton,  and  Edward  Salomon,  who  were  a sub-committee  of 
the  Committee  on  Legislation  appointed  by  the  Committee  of 
Seventy.  These  gentlemen  were  anxious  to  ascertain  as  far  as  pos- 
sible the  views  of  our  committee,  and  to  induce  us  to  adopt 
various  provisions,  while  at  the  same  time  they  were  explicit  in  their 
statement  that  they  had  no  authority  to  bind  the  Committee  of 
Seventy,  and  did  not  intend  to  commit  even  themselves.  It  was 
therefore  arranged  that  the  sub-committee  were  to  prepare  a detailed 
statement  of  the  points  which  seemed  important  to  them,  and  were 
to  meet  our  committee  and  discuss  them.  It  is  understood  that,  in 
pursuance  of  this  arrangement,  they  prepared  and  privately  printed 
a pamphlet  containing  twenty-six  separate  principles  or  provisions 
which  they  desired  should  be  secured  in  any  charter.  On  submitting 
it  however  to  the  full  Committee  of  Seventy,  the  whole  matter  was 
laid  upon  the  table,  so  that  we  were  left  without  any  authoritative 
exposition  of  the  present  views  of  that  Committee.  We  are,  how- 
ever, led  to  believe  that  this  action  was  not  taken  so  much  because 
any  of  the  general  principles  laid  down  in  the  pamphlet  were  dis- 
approved, as  because,  by  the  special  efforts  of  one  or  two  persons, 


\ 0 1 80 1 6 


2 


tiie  Democratic  members  of  the  Committee  of  Seventy  were  in- 
duced to  attend  the  meeting  in  unusual  numbers, .and  to  override  their 
Committee  on  Legislation  on  the  plea  that  they  were  making  an 
alliance  with  the  Republican  party.  The  Committee  on  Legis 
lation  therefore  resigned,  and  the  Committee  of  Seventy  have,  as  vet. 
been  unable  or  unwilling  to  say  what  they  desire.  While  therefore  we 
are  left  without  any  authoritative  representation  of  the  views  of  the 
Committee  of  Seventy,  we  have  adopted  in  a great  measure  the  views 
contained  in  the  pamphlet  printed  by  their  Sub-Committee.  Of  its 
twenty-six  general  or  specific  propositions,  fifteen  are  embraced  in  the 
proposed  amendments,  and  two  more  are  substantially  adopted.  Of 
those  not  adopted,  two  are  intended  to  provide  a different  system  for 
levying  taxes  from  that  proposed  by  us,  and  look  to  the  interference  of 
the  State  Government  therein;  one  gives  the  Governor  the  power  of 
appointment  of  one  man  in  certain  Departments  which  cannot  consti- 
tutionally be  done,  except  under  a Metropolitan  system;  two  look  to 
the  introduction  of  some  form  of  minority  or  proportional  represen- 
tion,  while  one  or  two  others  relate  to  matters  of  detail.  Indeed  it.  may 
be  said  that  the  only  points  of  importance  upon  which  we  differ  from 
the  sub-committee  of  the  Committee  of  Seventy,  are  that  we  do  not  in- 
troduce minority  representation  ; that  we  give  the  appointment  of 
heads  of  Department  to  the  Mayor  and  Aldermen,  instead  of  to  the 
Mayor  alone  ; that  we  do  not  provide  for  a Spring  election  ; that  we 
coniine  the  preparation  of  the  “ tax  levy  ” to  municipal  officers  in- 
stead of  conferring  any  authority  over  it  upon  State  officers,  and  that 
we  do  not  at  once  remove  from  office  the  four  heads  of  Department 
who  have  been  appointed  since  the  Reform  movement  gained  the 
ascendancy. 

We  have  not  recommended  minority  or  proportional  representa- 
tion or  cumulative  voting,  though  some  of  us  are,  as  a principle,  its 
friends,  because  we  were  unanimously  of  opinion  that  in  view  of  the 
doubts  which  had  been  suggested  as  to  its  constitutionality,  the 
matter  should  be  left  for  the  consideration  of  the  Constitutional 
Commission,  now  in  existence.  While  a Spring  election  has  in 
theory  many  advantages,  in  practice  it  is  found  that,  besides  being 
expensive,  it  does  not  draw  out  a full  vote,  nor  does  it  give  us  better 
officers  than  a fall  election.  With  reference  to  the  appointment  of 
heads  of  Departments,  we  have  seen  no  reason  to  change  the  system 
which  prevailed  prior  to  the  Ring  Charter  of  1870,  of  requiring  the 


3 


Mayor’s  nominations  to  be  confirmed  by  the  Board  of  Aldermen, 
in  analogy  to  the  Constitution  of  the  United  States.  The  Aldermen, 
being  elected  upon  a general  ticket,  represent  the  whole  people  as 
■ much  as  the  Mayor,  and  the  character  of  the  present  Board  warrants 
us  in  believing  that  when  the  people  give  us  a good  Mayor  they  will 
i also  give  us  a good  Board  of  Aldermen.  When  this  is  the  case,  we 
: can  see  no  reason  why  they  should  not  all  have  a voice  in  the  selec- 
1 tion  of  heads  of  Departments.  As  to  the  tax  levy,  we  prefer 
i:  to  keep  it  wholly  away  from  Albany.  The  Comptroller,  Com- 
missioner of  Public  Works,  President  of  the  Department  of 
' Parks,  and  the  Corporation  Counsel  have  all  been  appointed 
under  the  influence  of  the  Reform  sentiment,  have  in  public 
opinion  done  well,  and  we  have  not  deemed  it  right  to  remove 
them. 

We  have  omitted  everything  relating  to  public  instruction  arid  to 
the  county  and  judicial  officers,  as  not  properly  belonging  to  a city 
charter. 

We  have  deemed  it  not  advisable  to  reenact  those  provisions  of 
r 

the  present  charter,  which  seemed  to  us  good,  but  have  proceeded 
by  way  of  amendment,  carefully  framing  our  changes,  however,  so 
that  there  can  be  no  reasonable  dotibt  of  the  meaning  of  the  whole 
instrument. 

Acting  as  Republicans,  we  have  not  pretended  to  be  indifferent 
to  the  wishes  or  interests  of  that  party.  At  the  same  time  we  have 
rejected  all  mere  partisan  devices,  and  have  introduced  many  of  the 
provisions  contained  in  the  charter  proposed  by  the  Committee  of 
’ Seventy  last  year.  We  do  not  expect  to  satisfy  every/me  or  to  escape 
criticism ; for  municipal  government  is  a subject  upon  which  every 
1 one  deems  that  he  has  a right  to  have  an  opinion  and  to  differ  from  his 
, neighbor.  We  ask,  however,  any  one  who  is  disposed  to  judge  our 
work  harshly,  to  examine  for  himself,  and  see  if  in  fact  he  does 
| not  approve  a much  larger  portion  of  it  than  he  disapproves.  We 
also  ask  those  who  are  disposed  to  oppose  our  work,  to  remember 
that  any  amendments  to. the  charter  of  the  City  are  to  come  from  a 
Legislature,  in  which  the  party  we,  in  a sense,  represent  is  in  a large 
j majority.  We  ask  also  that  it  be  remembered  that  the  obvious 
recourse  for  the  hangers-on  of  the  Ring  to  pursue  in  order  to  prevent 
| any  reform,  is,  while  keeping  in  the  background  themselves,  to  stir 


4 


up  good  citizens,  to  object  to  any  proposed  measure,  on  the  ground 
that  it  is  defective  in  this  or  that  respect,  or  does  not  carry  out 
some  theoretic  ideas.  We  also  ask  them  to  remember  that  even 
the  representatives  of  Reform  may  have  among  them  selfish  persons, 
who  are  usually  the  most  busy,  and  that  to  such  a winter  at  Albany, 
with  a full  treasury  to  draw  upon  and  offices  for  themslves  to  be  se- 
cured, has  its  attractions,  if  they  can  claim  to  be  acting  as  the  pecu- 
liar representatives  of  Reform. 

The  prominent  features  of  the  amendments  proposed  by  us,  are  the 
abolition  of  the  Board  of  Assistant  Aldermen,  assigning  the  duties 
of  Supervisors  to  the  Aldermen  without  extra  compensation  ; cutting 
off  all  clerks  and  subordinates  of  the  Supervisors,  making  the  heads 
of  all  the  Departments,  other  than  the  Finance,  Public  W orks,  and 
Law  and  Docks,  consist  of  only  three  persons,  instead  of  five  as  is 
the  case  now,  thus  reducing  the  aggregate  number  of  heads  of  de- 
partment from  thirty-seven  to  thirty,  and  saving  in  the  salaries  of  the 
heads  of  Departments  alone,  not  less  than  $174,000,  or  including  the 
Aldermen,  219  000.  By  the  abolition  of  the  Assistant  Aldermen,  and 
reducing  the  expenses  of  the  Aldermen,  Supervisors  and  Mayor,  a 
further  saving  of  not  less  than  $158,000  is  effected.  All  officers  includ- 
ing the  Chamberlain,  are  required  to  pay  over  all  fees  and  interest  to 
the  treasury,  which  will  give  to  the  city  at  least  $500,000  more. 
The  Aldermen,  and  the  heads  of  Department  are  to  go  out 
of  office  in  classes  and  not  at  the  same  time.  The  whole  bu- 
siness of  advertising  is  regulated  by  the  establishment  of  the  City 
Record,  whereby  we  believe  hundreds  of  thousands  of  dollars  will 
be  saved.  Abundant  provision  is  made  for  securing  the  publicity  of 
all  acts  of  every  department  of  the  City  Government.  The  prepara- 
tion of  the  tax  levy  is  confided  to  city  officers,  who  will,  from  the 
nature  of  their  offices,  be  likely  to  be  careful  in  authorizing  expenses. 
All  matters  of  Finance  are  confided  to  the  Finance  Department,  by 
which  all  payments  are  to  be  made,  and  where  all  vouchers  are  to 
be  filed.  The  heads  of  Department  are,  within  their  appropriations, 
given  control  of  the  salaries  and  duties  of  their  subordinates.  The 
system  of  allowing  every  department  a separate  counsel  and  attorney 
is  abolished.  The  Building  Department  and  Fire  Marshal’s  bureau 
are  transferred  to  the  Fire  Department,  where  from  the  nature  of 
their  duties  they  belong.  A list  of  all  officers  is  required  to  be  pub- 
lished once  a year,  and  changes  are  to  be  published  as  soon  as  made. 


5 


A step  is  taken  in  the  direction  of  civil  service  reform  by  requiring, 
whenever  a subordinate  is  removed,  that  a statement  be  tiled  of  the 
cause  of  removal.  Various  other  changes  are  indicated  by  the  notes 
to  the  several  sections. 

The  amendments  are  submitted  for  discussion.  They  will 
be  presented  to  the  Legislature  at  its  opening,  and  as  soon  as 
the  committees  are  appointed  they  will  be  asked  to  take  up  and  act 
upon  them.  In  the  meantime  suggestions  and  criticisms  are  invited 

By  order  of  the  Committee, 

HUGH  GARDNER, 
Chairman . 

GEORGE  BLISS,  Jr., 

Secretary. 


& 


CHARTER  AMENDMENTS. 


In  order  that  the  connection  and  effect  of  the  proposed  amend- 
ments may  he  fully  understood,  an  abstract  is  given  in  their  proper 
order,  within  brackets,  of  the  purport  of  the  sections  left  unchanged, 
while  in  the  cases  of  the  sections  amended,  the  amendments  are 
pointed  out  by  notes  or  by  italics.  Where,  however,  an  amendment 
is  merely  verbal  this  is  not  done.  The  proposed  amendments  are 
printed  in  larger  type  than  the  remainder. 


An  Act  to  amend  Chapter  one  hundred  and  thirty-seven  of  the 
Laws  of  eighteen  hundred  and  seventy,  entitled  “An  Act  to 
reorganize  the  local  government  of  the  City  of  New’  York,”  and 
' the  several  amendments  thereof,  and  further  to  provide  for  the 
Government  of  the  City  of  New  York. 

The  People  of  the  State  of  New  York  represented  in  Senate  and 
Assembly  do  enact  as  follows: 

[Section  1 is  unchanged.  It  is  the  general  declaration  of  the  corporate  name 
and  powers  of  the  City.] 

§ 1.  Section  twro  of  the  Act  entitled  “ An  Act  to  reorganize  the 
local  government  of  the  City  of  New  York,”  passed  April  fifth, 
eighteen  hundred  and  seventy,  is  hereby  amended  so  as  to  read  as 
follows  : 

“ § 2.  The  legislative  powers  of  the  said  corporation  shall  be  vest- 
ed in  a Board  of  Aldermen.  The  Board  of  Assistant  Aldermen  is 
hereby  abolished,  and  the  Board  of  Aldermen  shall  solely  possess 
the  powers  and  perform  all  the  duties  by  law  conferred  or  imposed 
upon  the  Board  of  Aldermen,  the  Board  of  Assistant  Aldermen, 
the  Common  Council,  or  any  one  or  more  of  them.” 

The  amendment  to  this  section  consists  in  the  abolition  of  the  Board  of  As- 
sistant Aldermen.  Apart  from  the  fact  that  this  change  effects  an  annual  saving- 
in  expense  of  $108,000,  we  believe  that  recent  experience  shows  that  the  Board 
of  Assistant  Aldermen  exercises  no  beneficial  check  upon  the  action  of  the 
Aldermen.  We  have  endeavored  to  secure,  in  other  ways,  proper  deliberation 
in  legislation  by  the  Board  of  Aldermen. 

[Sections,  3, 4 and  5 are  in  form  not  amended,  but  are  substantially  superseded 
by  the  amendments  to  sections  2 and  6.] 


7 


§ 2.  Section  six  of  said  act  is  hereby  amended  so  as  to  read  as 
follows : 

“ g 6.  The  Board  of  Aldermen  now  in  office  shall  hold  office  until 
the  expiration  of  the  term  for  which  they  were  elected  on  the 
first  Monday  of  January,  which  will  be  in  the  year  eighteen 
hundred  and  seventy-five.  There  shall  be  fifteen  Aldermen  elected 
at  the  General  State  Election,  which  will  occur  in  the  year  eighteen 
hundred  and  seventy-four,  five  of  whom  shall  be  elected  to  serve 
one  year,  five  for  two  years  and  five  for  three  years.  AW  shall  be 
voted  for  upon  one  ballot,  but  the  respective  terms  of  the  persons 
voted  for  shall  be  designated  thereon.  They  shall  take  office  on  the 
first  Monday  of  January  next  succeeding  their  election,  at  noon.  An- 
nually thereafter,  at  the  General  State  Election  there  shall  be 
elected  five  Aldermen  who  shall  take  office  on  the  first  Monday  of 
January  next  succeeding  their  election,  and  hold  office  for  three 
years.” 

The  change  consists  in  extending  the  terms  of  the  Aldermen,  after  those  now 
in  office,  from  two  to  three  years,  and  providing  for  their  election  by  classes. 

§ 3.  Section  seven  of  said  act  is  hereby  amended  so  as  to  read  as 
follows  v 

“ § 7.  In  case  a vacancy  shall  occur  in  the  Board  of  Aldermen,  it 
shall  be  filled  by  the  nomination  by  the  Mayor  and  the  confirmation 
by  the  Board  of  Aldermen  of  some  proper  person,  who  shall  serve 
until  the  next  general  election  succeeding  the  occurrence  of  a va- 
cancy. At  such  election,  an  Alderman  shall  be  elected  to  serve  for 
the  remainder  of  the  unexpired  term.” 

The  change  here  is  in  dispensing  with  a special  election  to  fill  vacancies, 
which  is  regarded  as  expensive  and  useless. 


[Section  8 is  unchanged. 


It  defines  what  constitutes  a quorum.] 


§ 4.  Section  nine  of  said  act  is  hereby  amended  so  as  to  read  as 
follows : 

“ § 9.  The  Board  of  Aldermen  (1)  shall  choose  a president  from 
its  own  members  by  a viva  voce  vote , and  when  once  chosen , he  can 
be  removed , before  the  expiration  of  his  term  as  Alderman, , only  by 
vote  of  two  thirds  of  all  the  members  elected  or  appointed.  (2.j 


8 


Appoint  a clerk  and  other  officers.  (3.)  Determine  the  rules  of  its 
own  proceedings.  (4.)  Be  the  judge  of  the  returns  of  election,  and 
the  right  of  election,  and  the  qualifications  of  its  members ; sub- 
ject, however , to  the  decision  of  any  Court  of  competent  juris- 
diction. (5.)  Keep  a journal  of  its  proceedings.  (6.)  Sit  with  open 
doors.  (7.)  Have  the  authority  to  compel  the  attendance  of  absent 
members,  and  to  punish  its  members  for  disorderly  behavior,  and  to 
expel  any  member  with  the  concurrence  of  two  thirds  of  the  mem- 
bers elected  or  appointed.  But  no  member  shall  sit  or  act  as  a 
magistrate  in  any  judicial  proceeding,” 

The  change  here  consists  in  the  addition  of  the  words  in  italics.  Also  in 
omitting  a clause  allowing  secret  sessions  of  the  Board,  and  in  depriving  the 
Aldermen  of  judicial  powers.  As  the  subsequent  amendments  give  the  Presi- 
dent large  powers,  it  is  thought  that  he  should  not  be  removable  by  a mere 
majority. 


[Sections  10,  li,  12,  18,  14  and  15  are  unchanged,  except  as  affected  by  the 
amendment  to  section  16.  Section  10  deprives  an  expelled  alderman  of  his 
powers ; 1 1 gives  the  Board  power  to  fix  its  meetings ; 12,  13,  14  and  15  relate 
to  the  mode  of  passing  ordinances.] 

§ 5.  Section  sixteen  of  said  act  is  hereby  amended  so  as  to  read 
as  follows : 

16.  The  Board  shall,  after  ten  days,  and  within  fifteen  days 
after  such  ordinance  or  resolution  shall  have  been  so  returned,  pro- 
ceed to  reconsider  and  vote  upon  the  same,  and  if  the  same  shall, 
within  such  time,  be  again  passed  by  the  votes  of  at  least  two  t hirds 
of  all  the  members  elected  and  appointed  thereto,  it  shall  take  effect. 
But  if  the  ordinance  or  resolution  shall  fail  to  receive  within  such 
time  such  number  of  affirmative  votes , it  shall  be  deemed  finally  lost. 
In  all  cases,  the  vote  shall  be  taken  by  ayes  and  noes,  and  the  names 
of  the  persons  voting  for  or  against  its  passage,  on  such  reconsidera- 
tion, shall  be  entered  in  the  journal  of  the  Board.  In  case  an  ordi- 
nance or  resolution  shall  embrace  more  than  one  distinct  subject , the 
Mayor  may  approve  the  provisions  relating  to  one  or  more  subjects , 
and  disapprove  the  others.  In  such  case,  those  which  he  shall  ap- 
prove shall  become  effective , and  those  which  he  shall  not  approve 
shall  be  reconsidered  by  the  Board,  and  shall  only  become  effective 
if  again  passed  as  above  provided! 

The  change  is,  beside  the  insertion  of  the  words  in  italics,  in  requiring  two 
thirds  instead  of  three  fourths  to  pass  a resolution  over  the  Mayor’s  veto.  The 
changes  are  taken  substantially  from  the  charter  proposed  by  the  Committee 
of  Seventy  last  year. 


21 


§ 22.  Section  forty-two  of  said  act  is  hereby  amended  so  as  to 
read  as  follows  : 

“§42.  There  shall  be  a Bureau  in  this  Department,  the  chief  officer 

o winch  shall  be  called  the  Corporation  Attorney,  and  a Bureau,  the 
chief  officer  of  which  shall  be  called  the  Public  Administrator.  Such 
chief  officers  shall  not  receive  to  their  own  use  any  fees  or  emoluments 
m addition  to  their  salaries,  and  they  shall  pay  into  the  treasury  all 
costs  and  commissions  received  by  them  from  any  source  whatever. 
All  actions  to  recover  penalties  for  a violation  of  any  law  or  ordi- 
nance shall  be  brought  in  the  name  of  the  Mayor,  Aldermen  and 
Commonalty  of  the  City  of  New  York,  and  not  in  that  of  any  De- 
partment, and  shall  be  conducted  by  the  Corporation  Attorney  sub- 
ject  to  the  control  of  the  Corporation  Counsel.” 


byTtheCrShf  oftte^Cer1 the  ‘°  TCXatioU8  suits  “d 

tion  as  to  which  recent  legislation  had  raised  a doubt  ' SetUes  a ques’ 


§ 24.  Section  forty-four  of  said  act  is  hereby  amended  so  as  to  read 
as  follows: 

§ “ 44.  The  Police  Force  shall  be  appointed  by  said  Board,  and 
shall  be  composed  of  a Superintendent  and  three  Inspectors,  and  as 
many  Captains  of  Police,  Sergeants  of  Police,  Patrolmen  and  Door 
men  of  Police,  and  as  many  clerks  and  employes  of  the  Police  as  the 
Board  of  Police  may  from  time  to  time  determine,  and  the  funds 
appropriated  allow,  except  that  the  number  of  Patrolmen  shall  not 
be  increased  in  any  one  year  more  than  fifty  beyond  the  number  au- 
thorized the  previous  year.  The  Board  of  Police  may  appoint  not 


22 


exceeding  eight  Surgeons  of  Police.  They  shall  detail  from  the  force, 
to  be  under  the  direction  of  the  Mayor,  not  exceeding  six  Patrolmen.” 

The  amendment  consists  in  limiting  the  number  of  Police  Surgeons  to  eight, 
in  allowing  a limited  annual  increase  of  Patrolmen  to  keep  up  with  the  growth 
of  the  City,  and  in  diminishing  the  number  of  Patrolmen  placed’at  the  Mayor’s 
disposal  from  twenty  to  six. 


§ 25.  Section  forty-five  of  said  act  is  hereby  amended  so  as  to 
read  as  follows : 

“§  45.  Members  of  the  Police  force  shall  be  removable  only  after 
written  charges  shall  have  been  preferred  against  them,  aud  after  the 
charges  have  been  examined  into,  upon  such  kind  of  notice  to  the 
person  charged,  and  in  such  manner  of  examination  as  the  rules  and 
regulations  of  the  Board  of  Police  may  prescribe.  The  clerks  and 
employes  shall  be  appointed  and  removed  at  pleasure,  by  the  Board 
of  Police.” 


The  change  makes  the  Superintendent  and  Surgeons  of  Police  removable  only 


lish  language,  or  who  shall  not  have  resided  within  the  City  and 
State  one  year.” 


The  amendment  defines  more  carefully  the  qualifications  of  patrolmen. 


§ 27.  Section  forty-nine  of  said  act  is  hereby  amended  so  as  to 
read  as  follows : 

“ § 49.  The  Board  of  Police  may,  upon  an  emergency  or  appre- 
hension of  riot,  tumult,  mob,  insurrection,  pestilence  or  invasion, 
appoint  as  many  special  patrolmen  without  pay  from  among  the  cit- 


izens  as  it  may  deem  desirable.  The  Mayor  may,  under  similar  cir- 
cumstances, demand  the  assistance  of  the  military  of  the  first  divis- 
ion, or  of  any  brigade,  regiment,  or  company  thereof,  by  order  in 
writing  served  upon  the  commanding  ofticer  of  such  division  and 
such  commanding  ofticer  shall  obey  such  order.” 

The  amendment  gives  the  right  to  call  in  the  military  to  the  Mayor  instead 
of  to  the  Board  of  Police  as  now. 

[Sections  50  and  51  relate  to  details  of  police  government,  and  are  un- 
changed.] 


§ 28.  Section  fifty-two  of  said  act  is  hereby  repealed. 

This  section  relates  to  providing  station-houses,  and  is  superseded  by  other 
sections. 


[Sections  53,  54,  55,  56  and  57  are  unchanged.  They  relate  to  details  of  po 
lice  government.] 


§ 29.  Section  fifty-eight  of  said  act  is  hereby  amended  so  as  to 
read  as  follows : 

“§  58.  No  person  holding  office  under  this  department  shall  be 
liable  to  militar 


24 


missed  on  the  pension  roll  of  the  Police  Life  Insurance  Fund,  and 
allow  him  an  annual  retiring  pension  not  exceeding  in  amount  one 
half  the  annual  salary  or  compensation  of  such  office.  And  the 
said  Board  may,  in  like  manner,  dismiss  from  office  in  said  depart- 
ment or  force,  any  patrolman,  and  place  the  person  so  dismissed 
upon  the  said  pension  roll,  and  allow  him  an  annual  retiring  pension 
of  not  exceeding  four  hundred  dollars.  But  no  such  captain,  ser- 
geant, surgeon  or  patrolman  shall  be  so  dismissed  from  office  and 
placed  on  the  pension  roll  except  at  his  own  request  in  writing, 
unless  due  notice  is  given  him  of  the  intention  so  to  dismiss ; 
nor  unless  it  shall  be  certified  to  the  Board  by  two  of  the 
police  surgeons  that  he  is,  in  their  opinion,  permanently,  mentally 
or  physically  incapacitated  from  duty  as  such  captain,  sergeant, 
surgeon  or  patrolman ; nor  unless  the  said  Board  shall  concur  in  such 
opinion  ; nor  unless  the  nature  and  origin  of  such  incapacity  shall  be 
stated  in  the  resolution  so  dismissing  him.  Any  patrolman  so  dis- 
missed may  be  required,  under  penalty  of  loss  of  his  pension,  to 
perform  duty  as  attendant  in  the  civil  or  criminal  courts,  or  as  mes- 
senger in  any  department. 


The  amendment  limits  the  power  to  retire  members  of  the  police  force,  by 
defining  the  mode  and  causes.  A practice  has  grown  up,  under  a law  of  1871, 


31 


§ 43.  Section  94  of  said  Act  is  hereby  amended  so  as  to  read  as 
follows : 

‘*§  94.  The  Department  of  Public  Parks  shall  control  and 
manage  all  public  parks  and  public  places,  which  are  the  realty  ol 
the  City  of  New  York,  except  the  buildings  in  the  City  Hall  Park.” 

The  amendment  gives  this  Board  control  of  all  Parks,  instead  of  those  above 
Canal  street  only,  as  originally  provided. 

§ 44.  Section  ninety-five  of  said  Act  is  hereby  amended  so  as  to 
read  as  follows  : 

“§  95.  This  department  shall  be  under  the  charge  of  a Board  to 
consist  of  three  members,  who,  except  those  first  appointed,  shall  hold 
their  offices  for  three  years,  unless  sooner  removed  as  herein  provided.” 

The  amendment  consists  in  reducing  the  number  of  members  from  five  to 
three,  and  their  terms  from  five  years  to  three  years. 


[Section  96  is  unchanged.  It  relates  to  the  powers  of  the  Department 
of  Parks.] 


32 


proposed  amendment  to  Section  82.  The  amendment  here  proposed  restores 
the  old  Croton  Board,  but  avoids  the  confusion  formerly  existing  from  having 
two  separate  Departments  each  authorized  to  turn  up  the  streets. 


§ 46.  Section  98  of  said  act  is  hereby  amended  so  as  to  read  as 
follows  : 

‘‘  § 98.  The  Board  of  Commissioners  of 'faxes  and  Assessments  shall 
consist  of  three  members,  who  shah  possess  all  the  powers  and  per- 
form  all  the  duties  now  possessed  and  performed  by  the  Commission- 
ers of  Taxes  and  Assessments.  They  may  regulate  and  abolish  the 
subordinate  offices  and  bureaus,  as  shall  seem  most  advantageous 
to  the  public  service.  They  shall,  except  those  first  appoint- 
ed, hold  their  offices  for  three  years,  unless  sooner  removed  as  herein 
provided.” 

Section  98  now  relates  to  the  Department  of  Buildings.  As  already  stated, 
that  is  proposed  to  be  abolished.  The  amendment  here  proposed  makes  the 
Board  of  Taxes  and  Asessments  a separate  Department,  whose  head  is  ap- 
pointed by  the  Mayor  and  Aldermen  instead  of  a Bureau  appointed  by  the 
Comptroller.  It  reduces  the  number  of  Commissioners  from  five  to  three. 


38 


shall,  after  due  notice,  fail  to  attend.  In  case  any  work  shall  be 
abandoned  by  any  contractor,  it  shall  be  readvertised,  and  relet  by 
the  head  of  the  appropriate  department,  in  the  manner  in  this 
section  provided.” 

Section  104  relates  to  contracts  for  work  and  supplies,  and  is  unchanged  ex- 
cept in  not  allowing  the  absence  of  the  Comptroller  to  prevent  the  opening 
of  bids.  A subsequent  section,  however,  affects  it  by  confining  advertising  to 
the  City  Record  and  requiring  that  to  be  printed  under  contract.  A provision 
of  one  of  the  tax  levies  exempting  abandoned  work  from  the  necessity  of 
being  again  awarded  by  contract  is  repealed. 

[Section  105  relates  to  details  of  finance,  and  is  unchanged.] 

[Section  106  relates  to  the  commissioning  of  officers,  and  is  unchanged.] 

§ 49.  Section  107  of  said  act  is  hereby  repealed. 

Section  107  gives  the  power  of  appointment  to  the  Comptroller  in  case  of 
the  death  of  the  Mayor.  By  the  amendment  to  Section  25,  that  power  is  pro- 
posed to  be  given  to  the  acting  Mayor. 

[Section  108  relates  to  taking  the  oath  by  officers,  and  is  unchanged.] 

[Section  109  is  unchanged.  It  provides  penalties  for  violation  of  duty.] 

§ 50.  Section  110  of  said  act  is  hereby  amended  so  as  to  read  as 

follows : 

§ 110.  “ No  officer  of  the  City  government  shall  have  or  receive  to 
his  own  use  any  fees,  perquisites,  or  commissions  or  any  percentage  ; 
but  every  such  officer  shall  be  paid  by  a fixed  salary,  and  all  fees, 
percentages  and  commissions  received  by  any  such  officer  shall  be 
the  property  of  the  City.  And  every  officer  who  shall  receive  any 
fees,  perquisites,  commissions  or  percentages  shall,  before  he  sh;dl 
be  entitled  to  receive  any  salary,  make  under  oath  a detailed  return 
to  the  Comptroller,  showing  the  amount  of  all  such  fees,  commis- 
sions, percentages  or  perquisites  received  by  him  since  the  last  pre- 
ceding report,  the  person  from  whom  received,  and  the  reason  for  its 
payment,  and  shall  produce  the  receipt  of  the  Chamberlain  showing 
the  payment  to  him,  by  said  officer,  of  the  aggregate  amount  thereof. 
All -sums  received  for  licenses  or  permits  shall  be  paid  over  without 
deduction  by  the  officers  or  department  receiving  them  to  the  Cham- 
berlain.” 

This  amendment  for  the  first  time  effectually  cuts  off  the  retention  of  fees 

by  any  city  officer. 

5 


84 


§ 51.  Section  111  of  said  act  is  hereby  amended  so  as  to  read 
as  follows : 

§ 111.  “The  salaries  of  all  officers  paid  from  the  City  Treasury, 
whose  offices  are  not  embraced  in  any  department,  shall  be  fixed  by 
the  Board  of  Apportionment.  Such  Board  may,  by  a majority  vote, 
reduce  any  such  salaries,  but,  shall  not  increase  the  salary  of  any  office, 
the  compensation  of  which  now  exceeds  three  thousand  dollars.” 

The  present  section  111,  gives  power  to  the  Common  Council  over  salaries, 
so  far  as  they  are  not  now  fixed  by  the  Legislature.  As  power  is  given  by  pre- 
ceding amendments  to  the  Heads  of  Department  to  fix  the  salaries  ot  their 
subordinates,  so  long  as  they  keep  within  the  sum  appropriated,  the  section  in 
its  present  form  is  superseded.  The  amendment  is  intended  to  cover  the 
cases  of  officers  who  are  held  not  to  be  embraced  technically  within  any  ‘‘  de- 
partment.” 

[Section  112  is  unchanged.  It  relates  to  giving  security.] 

[Section  118  is  unchanged.  It  relates  to  the  reception  of  bids  from  defaulters.  1 

[Section  114  is  unchanged.  It  relates  to  bribery  of  officials.] 

§ 52.  Section  115  of  said  act  is  hereby  amended  by  adding  at  the 
end  thereof,  the  words  following  : 

“ If  any  person  in  this  Section  mentioned,  shall,  during  the  time 
for  which  he  was  elected  or  appointed,  knowingly  acquire  an  interest 
in  any  contract,  or  work  with  the  city  or  any  Department  or  officer 
thereof,  unless  the  same  shall  be  devolved  upon  him  by  law,  he  shall, 
on  conviction  thereof,  forfeit  his  office,  and  be  punished  as  for  a mis- 
demeanor. All  such  contract  s in  which  any  such  person  is  or  becomes 
interested,  shall  at  the  option  of  the  Comptroller  be  forfeited  and 
void.  No  person  in  this  Section  named,  shall  give  or  promise  to  give 
any  portion  of  his  compensation,  or  any  money  or  valuable  thing  to 
any  officer  of  the  City,  or  to  any  other  person  in  consideration  of  his 
having  been  appointed,  elected  or  employed  as  such  officer,  agent, 
clerk  or  employe,  under  the  penalty  of  forfeiting  his  office  and  being 
for  ever  disqualified  from  being  elected,  appointed  or  employed  in  the 
ervice  of  the  City.” 


The  original  section  relates  to  the  same  subject,  but  as  here  amended  the  pro- 
visions are  fuller  and  more  effective.  They  are  taken  in  substance  from  the 
Charter  proposed  by  the  Committee  of  Seventy  last  year. 


